Pistorius: The Charges And Possible Sentences

Written By Unknown on Kamis, 11 September 2014 | 18.25

By Alex Crawford, Special Correspondent, in Pretoria

The judge has said she will not convict Oscar Pistorius of the premeditated murder of his girlfriend Reeva Steenkamp - a crime that would have meant life in jail with no possibility of parole for 25 years.

State prosecutors insisted that the shooting involved a level of planning in that the runner had time to arm himself, disable the gun's safety catch, walk down the bedroom corridor towards the bathroom and fire four times into the toilet cubicle - a period in which he had time to consider what he was doing and the effects of his actions.

The prosecution argued that even if he didn't plan it, he believed there was an intruder in the toilet cubicle and fired his gun intending to kill whoever was behind the door - making him guilty of murder. But the judge had been found not guilty of second degree murder.

If the judge had agreed, the athlete would have faced a minimum mandatory jail sentence of 15 years in prison - unless the defence provided "substantial and compelling" reasons to deviate from the prescribed sentence.

Pistorius

If the judge found Pistorius guilty of murder, she would have been free to impose an alternative to jail, such as correctional supervision or a suspended sentence.

The judge found the State has not proved beyond a reasonable doubt that the runner intended to kill.

Oscar Pistorius Pistorius weeps in court as he listens to the judge summing up

But she may consider a verdict of culpable homicide, known as manslaughter in other countries.

This is where the court rejects the State's contention that the accused intended to kill, but finds him guilty of killing through negligence.

The prosecution argued that Pistorius was grossly negligent, as no reasonable person would have fired four times through a door after hearing a noise, especially without ascertaining who was behind the door first.

Pistorius verdict His trial has attracted considerable media attention from around the world

There is no minimum sentence for culpable homicide in South African law, which allows the judge to look at options including a jail sentence, a suspended jail sentence, correctional supervision and even a financial penalty - or a combination of several of those options.

The athlete also still faces the possibility of a jail sentence on three other charges.

The two charges of illegally discharging a firearm in a public place carry a maximum sentence of five years in jail each if he is found guilty, but no minimum sentence.

Meanwhile, the final charge of illegally possessing ammunition carries a maximum sentence of 15 years, but again there is no minimum sentence.


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